New changes in the spatial planning reform
The first Tuesday of the month is the time to summarize changes in the law. However, in recent weeks, we've written extensively about proposed changes, and we invite you to familiarize yourself with them:
- #238 and #240 we wrote about the changes already adopted in the so-called shelter act,
- #241 we wrote about proposed changes within the so-called supply law,
- #242 we wrote about draft amendments to the Development Act,
Therefore, in today's article, we will limit ourselves to the announced changes to the Spatial Planning and Development Act related to general plans. On February 27, 2025, the Government Legislation Center website published information about a draft bill amending the Spatial Planning and Development Act and certain other acts. This bill provides, among other things, for extending the validity period of studies on the conditions and directions of spatial development for municipalities and clarifies the rules for adopting general plans.
As a reminder, on 24 September 2023, the Act of 7 July 2023 amending the Act on Spatial Planning and Development and certain other acts (the “ Planning Reform ”) entered into force, which imposed on municipalities the obligation to prepare general plans.
Unlike a study, a general plan is an act of local law, meaning its provisions will be binding upon the preparation of local plans and the issuance of decisions on development conditions. General plans define, among other things, the functional and spatial structure of the municipality, the boundaries of development areas, and standards for the accessibility of social infrastructure. Their concise form is intended to ensure greater transparency and facilitate the application of new regulations.
General plans are to cover the entire commune. Their introduction will gradually replace the existing commune spatial development plans, which, pursuant to Article 65 of the Planning Reform, are to expire no later than 1 January 2026.
Due to the complex procedure for adopting general plans, as well as interpretational uncertainties that have arisen during the application of the amended regulations, calls have been made for many months to extend some of the deadlines specified in the Planning Reform. This additional time is intended to allow for adaptation to the new regulations, reducing the risk of irregularities in the planning process and ensuring greater consistency and effectiveness of implemented solutions.
The legislative changes announced now aim to postpone the deadline for preparing studies on the conditions and directions of spatial development of municipalities, as specified in the Planning Reform, to 30 June 2026. This means that general plans must be adopted by 1 July 2026.
The consequence of this change is to extend other related deadlines relating to the entry into force of individual provisions of the Planning Reform, which will affect the timetable for implementing the reform of the spatial planning system.
Importantly, such an extension of the validity period is also to cover the Act on Facilitating the Preparation and Implementation of Housing Investments and Accompanying Investments, which will expire on 1 July 2026. Furthermore, an additional paragraph 2 is to be added to the transitional provision – i.e. Article 76 of the Planning Reform, which stipulates that the studies of conditions wording shall apply housing investments or accompanying investments specified in the application for determining the location of the investment submitted before 1 July 2026 and before the date of entry into force of the general plan of the municipality in a given municipality .
To sum up, as the project authors point out, since the dates of expiry of the studies on conditions and directions of spatial development of municipalities and the entry into force of the remaining provisions of the reform have been precisely defined in the Planning Reform, their adaptation requires changes in the applicable legal regulations.
The article was prepared based on the draft act published on March 3, 2025. We will certainly keep you informed about the further developments of this project.
You can read more information about the spatial planning reform in our articles.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 4, 2025
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